HomeMy WebLinkAbout4.10 SidewalkImprovTr 7281
CITY CLERK
File # D~[Q][QJ-~[Q]
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: August 17, 2004
SUBJECT:
Approval of the Final Map for Tract 7281, Improvement Agreement
for Gleason Drive & Grafton Street Sidewalk Improvements, and
Agreement to Extend Conditions on Master Vesting Tentative Tract
Map 7281.
Report Prepared by: Melissa Morton, Public Works Director
ATTACHMENTS:
1)
Resolution Approving Final Tract Map 7281, along with
Exhibit "A", Agreement to Extend Conditions on Master
Vesting Tentative Tract Map 7281 and Exhibit "B",
Improvement Agreement for Gleason Drive & Grafton Street
Sidewalk Improvements.
Reduced copy of Final Tract Map 7281
2)
RECOMMENDATION:
Adopt resolution approving the Final Tract Map for Tract 7281,
Improvement Agreement for Sidewalk Improvements, and
Agreement to Extend Conditions on Master Vesting Tentative
Tract Map 7281.
FINANCIAL STATEMENT:
The developer is providing bonds to guarantee construction of the
sidewalk improvements, and will pay the cost of construction
inspection. Once these improvements have been constructed and
accepted, the City will incur maintenance costs for the City-
maintained sidewalk improvements.
DESCRIPTION: Tract 7281 is the master tract map for the Dublin Ranch area south
of the existing development in Phase 1 and Area A, and north of Central Parkway (Dublin Ranch Areas B,
E and F). The Vesting Tentative Map for Tract 7281 was approved via Planning Commission Resolution
No. 04-14 on February 24, 2004. This master tract map subdivides 285.4 acres into 18 Parcels and
dedicates the right-of-way for Gleason Drive and Grafton Street north of Gleason Drive. The 18 Parcels
include the future rights-of-way for Brannigan Street north of Gleason Drive, Kohnen Way, Grafton Street
south of Gleason Drive, Lockhart Street, Central Parkway and Fallon Road, and the parcels for the new
middle school on Kohnen Way, the future public/semi-public site on Brannigan Street, the 60-acre
community park, the extension of the streambed corridor open space, and areas for future residential
development.
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G:\DEVELOP\Dublin Ranch\Area F-North\Tract 7281 Final Map\Agenda Statement FM 7281.doc
COPIES TO: Marty Inderbitzen, Lin's Attorney
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The Improvement Agreement for Gleason Drive and Grafton Street Sidewalk Improvements provides for
the construction of permanent and temporary sidewalks from Tassajara Road to the new middle school on
Kohnen Way prior to the opening of the school.
The Agreement to Extend Conditions on Master Vesting Tentative Tract Map 7281 extends Conditions of
Approval Nos. 7 and 8, which pertain to the completion of an agreement for the Community Park and the
preparation of a Master Grading Plan prior to the issuance of a Grading Permit for any grading east of
Grafton Street between Gleason Drive and Central parkway.
In conformance with Section 17 of the Dublin Ranch Master Development Agreement, and the Conditions
of Approval for Tract 7281 the Lin Family have provided a deed for 52 acres of the community park. The
City does not intend to formally accept this deed at this time.
The Final Map for this Tract has been reviewed and found to be in conformance with the Tentative Map
and Conditions of Approval. The developer, the Lin Family, has submitted a signed Improvement
Agreement for the Gleason Drive and Grafton Street Sidewalk Improvements with Bonds for Performance
and Labor and Materials, a signed Agreement to Extend Conditions on Master Vesting Tentative Tract
Map 7281, a signed Petition & Consent to Annexation to the Dublin Ranch Street Light Maintenance
Assessment District, and a deed dedicating 52 acres to the City of Dublin for community parkland.
Staff recommends that the City Council adopt the resolution approving the Final Tract Map for Tract
7281, Improvement Agreement for Sidewalk Improvements, and Agreement to Extend Conditions on
Master Vesting Tentative Tract Map 7281.
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RESOLUTION NO. - 04
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
*********
APPROVING FINAL MAP, IMPROVEMENT AGREEMENT AND
AGREEMENT TO EXTEND CONDITIONS FOR TRACT 7281
WHEREAS, the Final Map for Tract 7281, in the incorporated territory of the City of Dublin, State of
California, has been presented to this City Council for approval, all in accordance with provisions of the
Subdivision Map Act of the State of California and the City of Dublin Municipal Code; and
WHEREAS, the Developer, Chang Su~O~Lin, Hong Yao Lin and Hong Lien Lin has executed and
filed with the City of Dublin an Agreement , attached hereto as Exhibit "A" to extend certain Conditions of
Approval for the Tentative Map; and
WHEREAS, the Developer, Chang Su-O-Lin, Hong Yao Lin and Hong Lien Lin and Sierra Land
Development Corporation, a California Corporation, has executed and filed with the City of Dublin an
Improvement Agreement, attached hereto as Exhibit "B", to improve required sidewalk improvements on
Gleason Drive and Grafton Street in accordance with the Conditions of Approval for the Tentative Map; and
WHEREAS, said Improvement Agreement is secured by a bond furnished by the Developers Surety
and Indemnity Company in the amount of $100,000, conditioned upon faithful performance of said
Agreement; and
WHEREAS, said bond furnished by the Developers Surety and Indemnity Company in the amount of
$ 100,000 secures the Improvement Agreement, conditioned upon payment for labor performed or materials
furnished under the terms of said Agreement;
NOW, THEREFORE, BE IT RESOLVED that said agreements and bonds are hereby approved,
and the Mayor is hereby authorized to execute said agreements.
BE IT FURTHER RESOLVED that the Final Map of Tract 7281 is hereby approved, that rights to
the areas marked as Central Parkway, Gleason Drive, Grafton Street, Fallon Road, Public Service Easement
(P.S.E.), Storm Drain Easement (SDE) and Emergency Vehicle Access Easement (EV AE), offered for
dedication to public use in conformity with the terms of dedication are hereby accepted, subject to
improvement, and that the Clerk of this City Council is hereby directed to transmit said Map to the County
Recorder for filing.
PASSED, APPROVED AND ADOPTED this 17th day of August, 2004.
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Mayor
City Clerk
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RECORDING REQUESTED BY:
CITY OF DUBLIN
When Recorded Mail To:
City Clerk
City of Dublin
100 Civic Plaza
Dublin, CA 94568
Fee Waived per GC 27383
Space above this line for Recorder's use
AGREEMENT TO EXTEND CONDITIONS
ON MASTER VESTING TENTATIVE TRACT MAP 7281
This Agreement to Extend Conditions on Master Vesting Tentative Tract
Map 7281 is made and entered in the City of Dublin on this 17th day of August,
2004, by and between the City of Dublin, a municipal corporation (hereinafter
"City"), and Chang Su-Q Un, H. Yao Un, and H.L. Un (hereinafter "Developer").
Collectively, City and Developer are referred to as "Parties."
RECITALS
A. Developer is the fee owner of certain real property referred to as Tract
7281 ("the Property"), as more particularly described in Exhibit A and diagramed
in the Tentative Tract Map for Tract 7281 attached hereto as Exhibit B.
B. By Planning Commission Resolution No. 04-14 ("Resolution 04-14"),
the Planning Commission on February 24, 2004 approved a Master Vesting
Tentative Map for Tract 7281 that would subdivide the Property into separate
master parcels.
C. Conditions 7 and 8 (attached hereto as Exhibit C) of the Public Works
Conditions of Approval for Tentative Tract Map 7281 included in Resolution 04-
14 ("Conditions 7 and 8") require the developer to comply with certain obligations
"Prior to Grading Permit South of Gleason with the exception of Grafton Street
connection and bulk grading of F West."
D. The property affected by Conditions 7 and 8 are Parcels 7, 8, 11, 13,
14, and 15 as shown on Vesting Tentative Tract Map 7281, which property is
more particularly described in Exhibit D ("the Affected Lands").
Agreement to Extend Conditions
on Tentative Tract Map 7281
699154.2
EXHIBIT A.
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E. Developer wishes to record a final map for Tract 7281 ("the Final Map")
prior to complying with Conditions 7 and 8.
F. The Parties desire to ensure the continued effectiveness of Conditions
7 and 8 following the recordation of the Final Map.
NOW THEREFORE, the City and Developer hereby agree as follows:
1. Extension of Conditions 7 and 8.
Notwithstanding the recordation of the Final Map, the Parties agree that
Conditions 7 and 8 shall continue in effect until such time as they are satisfied.
The Parties further agree to use their respective best efforts to, within 60 days of
the effective date of this Agreement, complete a draft of the community park
agreement required by Condition 7 for presentation to the City Council and
complete the Master Grading Plan required by Condition 8.
2. Aareement to Be Recorded Aaainst Portions of the Property South
of Gleason Drive.
This agreement shall be recorded against the property described in Exhibit
C.
3. Measures to Ensure Compliance with Extended Conditions.
The recordation of this agreement will serve as notice to any future
owners of the Affected Lands that the obligations of Developer hereunder shall
be satisfied at the times specified in Conditions 7 and 8 and in this Agreement.
To effectuate the provisions of this Agreement, Developer hereby agrees it
will not assert the provisions of Chapter 7.16 of the Dublin Municipal Code to
require the issuance of a grading permit until the respective obligations
hereunder relating to such Tracts are satisfied. Developer also agrees that the
City may withhold further discretionary approvals applicable to the Affected
Lands until such time as deveroper has complied with Conditions 7 and 8.
Developer further agrees to require any future purchaser of the property
described in Exhibit C to similarly agree in writing.
4. Notices.
All notices required or provided for under this Agreement shall be in
writing. Notices required to be given to City shall be addressed as follows:
City Manager
City of Dublin
100 Civic Drive
Agreement to Extend Conditions
on Tentative Tract Map 7281
699154.2
Page 2 of 4
August 17, 2004
Dublin, CA 94568
Notices required to be given to Developer shall be addressed as follows:
Martin W. Inderbitzen
7077 KolI Center Parkway, Suite 120
Pleasanton, CA 94566
With copy to:
James Tong
Charter Properties
6601 Owens Drive, Suite 100
Pleasanton, CA 94588
5. Recitals.
The foregoing Recitals are true and correct and are made a part hereof.
6. Assianment.
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All of Developer's rights, interests and obligations hereunder may be assigned
during the term of this Agreement, provided that no transfer, sale or assignment
of Developer's rights, interests and obligations hereunder shall occur without the
prior written notice to City and approval by the City Manager, which approval
shall not be unreasonably withheld or delayed. The City Manager shall consider
and decide the matter within 10 working days after Developer's providing notice
and the City Manager's receipt of all necessary documents, certifications and
other information required by City Manager to decide the matter. In considering
the request, the City Manager shall base the decision upon the proposed
assignee's reputation, experience, financial resources and access to credit and
capability to meet the obligations of Conditions 7 and 8~ The City Manager's
approval shall be for the purposes of: a) providing notice to City; and b) assuring
City that the proposed assignee is capable of performing the Developer's
obligations under Conditions 7 and 8.
7. Exhibits.
The following Exhibits are made a part of this Agreement:
Exhibit A:
Exhibit B:
Exhibit C:
Legal Description of the Property
Vesting Tentative Map-Tract 7281
Conditions 7 and 8 of Planning Commission
Resolution No. 04-14
Legal Description of Affected Lands
Exhibit D:
Agreement to Extend Conditions
on Tentative Tract Map 7281
699154.2
Page 3 of 4
August 17, 2004
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement
to be executed as of the date and year first above written.
CITY OF DUBLIN:
DEVELOPER:
Approved as to Form:
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Mayor
ATTEST:
City Clerk
City Attorney
Approved as to Form:
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Martin W. Inlrerbitz
Attorney for Un Family
(NOTARIZATIONS REQUIRED)
raiwan )
City of Taipei '-. ) ss:
American Institute in )
Taiwan, Taipei Office )
o. August 9, 2004 . before me. the /undefslgned.
personally appeared Lin , Hong Lien and Lirn,',lioQ.g ... Yao
proved to me on the basis of satisfactory evidencf¡ to be t"h;-
pe'1'$on whose name (s) -loft'" fare subscribed to th,is ins\"rll!!\~"t,
-nil ßcknow 1 edged tha t he I "lte / they C¡¡CCU tt'd it,·
$4 (
Mark S. Copeland
Special Notary (PL96-S)
DulY appointed and qualified
My commission expires: July 29. 2005
Agreement to Extend Conditions
on Tentative Tract Map 7281
699154,2
Page 4 of 4
August 17, 2004
EXHIBIT A
Legal Description of the Property
Real property in the City of Dublin, County of Alameda, State of California,
described as follows:
All that property contained within the Boundary Line as shown on the Final Map
of Tract 7281, filed , 2004, Map Book , Pages _ to
inclusive, Alameda County Records.
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EXHIBIT C
Conditions 7 and 8 of Planning Commission Resolution No. 04-14
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7. Community Park Agreement: Prior to a Grading Pennit for any grading between Gleason Prior to Grading
Drive and Central Parkway with the exception of Grafton Street connection and bulk Pennit South of
grading of F West, an agreement between the Developer and the. City of Dublin shall be Gleason with the
executed regarding the Community Park. This agreement shall include, but not be limited exception of
to, the following: Grafton Street
a) Provide for the dedication and the City to reimburse the Developer for the parkland ,connection and
over 52 acres in accordance with Section ·17 of the Mas~er Development Agreement bulk grading of F
for Dublin Ranch. West
b) Require the Developer to bulk grade the park site with a minimum 500,000 cubic
yards in accordance to a bulk grading plan to be provided by the City. The bulk
grading to be at the sole cost of the Developer and include 'all preparation required
for the placement and compaction of fill on the site. The bulk grading shall include
the grading required for the revised Fallon Road alignment from Bent Tree Drive to
Central Parkway, and may include, at the option of the Developer, the bulk grading
for Fallon Road from Central Parkway to Dublin Boulevard. The City to provide
bulk grading plans and mutually agreed grading specifications to Developer within
two weeks after requested by the Developer. The City is to provide the
Geotechnical Services for the grading within the park site.
c) Require the Developer to provide a Phase 1 Environmental Report
d) Allow the Developer to place additional material, up to a specified limit, on the
park site s:ubject to schedule constraint.
e) Set phasing! scheduling requirements for bulk grading the site.
±) Set phasing / scheduling requirements for the Developer to dedicate the adjacent
Lockhart Street and Central Parkway right of ways
g) Require that Stonn Drain Line D be routed within the Central Parkway right of way
between Lockhart Street and the entrance to the park.
h) Set phasing / scheduling requirements for Developer to construct the stream
corridor around the park and limit the parcel width to 70 feet.
i) Discuss phasing, scheduling and responsibilities for the construction of Central
Parkway & Lockhart Street improvements including park frontage.
j) Discuss the phasing, schedule and responsibilities for the construction of Fallon
Road, on the new alignment south of Bent Tree Drive to the connection to the
existing roadway, and provide for the return of excess rights of way to the
Developer.
k) Coordinate the location of the park entrances with proposed surrounding residential
development, and limit the number and width of the streambed corridor crossings.
1) Discuss reimbursement for street frontage right of way for Gleason Drive, Fallon
Road and Central Parkway.
8. Master Grading Plan: Prior to a Grading Pennit for any grading in the area between Prior to Grading
Gleason Drive and Central Parkway with the exception of Grafton Street cOIll1ection and Pennit South of
bulk grading of F West the Developer shall prepare a Master Grading Plan for remainder of Gleason with the
Dublin Ranch. The Master Grading Plan needs to be based only on conceptual grading exception of
schemes for development. The Master Grading Plan shall include the estimated cut and fill . Grafton Street
for each grading area (bounded by arterial and collector streets) including the Community connection and
Park. A plan for any adjustments that may be required to balance the project grading shall bulk grading ofF
be included. The Master Grading Plan shall include construction phasing. The Dublin West
Ranch Master Drainage Plan Hydrology Map shall be updated in regards to drainage areas
and stonn drain line and size locations to reflect current plans at the request of the City
Engineer. The Master Grading Plan will be in advance of development plan applications
and thus subject to change by either party through the Site Development Review and/or
Tentative Tract Map process for projects within this map area.
EXHIBIT D
Legal Description of Affected Lands
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Real property in the City of Dublin, County of Alameda, State of California,
described as follows:
Parcels 7,8,11,13,14, and 15 as shown on the Final Map of Tract 7281, filed
, 2004, Map Book , Pages _ to inclusive, Alameda
County Records.
699154,1
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IMPROVEMENT AGREEMENT
DUBLIN RANCH, TRACT 7281
GLEASON DRIVE & GRAFTON STREET SIDEWALK IMPROVEMENTS
This agreement is made and entered into this /7 ~day of~, ,')..()ol.J, by and between the CITY
of Dublin, a municipal corporation, hereinafter referred to as "CITY", and Chang Su-O-Lin (also known
as Jennifer Lin), Hong Lien Lin (also known as Frederic or Frederich Lin) and Hong Yao Lin (also
known as Kevin Lin) ("the Lins"), and Sierra Land Development Corporation, a California Corporation
("Sierra Land") (the Lins and Sierra Land are hereinafter referred to collectively as "OWNER").
RECITALS
WHEREAS, the Lins are owners of certain land within the City of Dublin, known as Dublin
Ranch. Development projects in Dublin Ranch will be served by a system of collector and arterial streets.
The sidewalks along portions of Gleason Drive, an arterial street, and Grafton Street, a collector street, is
the subject of this Improvement Agreement. Sierra Land is a legal entity controlled by the Lins that the
Lins propose to use to construct the improvements;
WHEREAS, it has been determined by the CITY Council of the CITY of Dublin, State of
California, that OWNER agrees to construct and dedicate the following improvements (hereafter
collectively "The Improvements"):
The permanent 12-foot wide sidewalk on the west side of Grafton Street north of Gleason
Drive, the permanent six-foot wide sidewalk on the north side of Gleason Drive between
Grafton Street and Brannigan Street, and a temporary asphalt concrete path on the north side of
Gleason Drive, within the existing rights of way through the Dublin Land Company property,
from Brannigan Street to Tassajarra Road. If the City determines that the City does not have
the right to construct a pathway within the existing easement through the Dublin Land
Company property, The Improvements will include additional6-foot wide temporary asphalt
concrete shoulders on both sides of Gleason Drive from Brannigan Street to Tassajarra Road in
place of the path on the north side of Gleason Drive. OWNER shall not be responsible for the
acquisition of any additional right of way for these improvements from Dublin Land Company
(or it's successors in interest). The Improvements do not include any landscaping. The
Improvements shall be constructed in accordance with plans to be prepared for the Owner and
approved by the City Engineer;
WHEREAS, construction of The Improvements will satisfy Condition of Approval No.9 of the
Vesting Tentative Map for Tract 7181, and
WHEREAS, CITY has determined that The Improvements are a public work subject to California
prevailing wage requirements;
WHEREAS, OWNER intends to satisfactorily complete The Improvements within the time
hereinafter specified, and CITY intends to accept OWNER's offer( s) of dedication of right-of-way and
The Improvements in consideration for OWNER's satisfactory performance of the terms and conditions
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IMPROVEMENT AGREEMENT
Sidewalks Gleason Drive and Grafton Street, Dublin Ranch Area F
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of this Agreement;
NOW, THEREFORE, in consideration of the mutual promises, conditions and covenants herein
contained, the parties agree as follows:
Section 1.
Completion Time.
OWNER shall commence construction of The Improvements no later that June 30, 2005 and shall
complete such Improvements by August 31, 2005. It is intended that the Improvements be completed
prior to the opening of the Middle School on Kohnen Way. Time is of the essence in this Agreement.
Section 2.
Estimated Cost of Improvements.
For purposes ofthis Agreement, the estimated cost of constructing The Improvements is agreed to
be $100,000. Said amounts include costs and reasonable expenses and fees which may be incurred in
enforcing the obligation secured.
Section 3.
Bonds Furnished.
Prior to commencing construction of the improvements, OWNER (or either the Lins or Sierra
Land) shall furnish CITY with the following security in a form satisfactory to the CITY Attorney:
a. Faithful Performance. Either a cash deposit, a corporate surety bond issued by a company
duly and legally licensed to conduct a general surety business in the State of California, or
an instrument of credit equivalent to one hundred percent (100%) of the estimates set forth
in Paragraph 2 and sufficient to assure CITY that The Improvements will be satisfactorily
completed.
b. Labor and Materials. Either a cash deposit, a corporate surety bond issued by a company
duly and legally licensed to conduct a general surety business in the State of California,
or an instrument of credit equivalent to one hundred percent (100%) of the estimates set
forth in Paragraph 2 and sufficient to assure CITY that OWNER'S contractors,
subcontractors, and other persons furnishing labor, materials, or equipment shall be paid
therefor.
CITY shall be the sole indemnitee named on any instrument required by this Agreement. Any
instrument or deposit required herein shall conform to the provisions of Chapter 5 of the Subdivision Map
Act.
Section 4.
Insurance Required.
Prior to commencing construction ofthe improvements, OWNER shall obtain or cause to be
obtained and filed with the CITY, all insurance required under this paragraph, and such insurance shall
have been approved by the Administrative·Services Director of CITY, or his designee, as to form, amount
and carrier. Prior to the commencement of work under this Agreement, OWNER's general contractor
shall obtain or cause to be obtained and filed with the Administrative Services Director, all insurance
required under this paragraph, and such insurance shall have been approved by the Administrative
Services Director of CITY, as to form, amount and carrier. OWNER shall not allow any contractor or
subcontractor to commence work on this contract or subcontract until all insurance required for OWNER
IMPROVEMENT AGREEMENT
Sidewalks Gleason Drive and Grafton Street, Dublin Ranch Area F
Page 2 oflO
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and OWNER's general contractor shall have been so obtained and approved. Said insurance shall be
maintained in full force and effect until the completion of work under this Agreement and the final
acceptance thereof by CITY. All requirements herein provided shall appear either in the body of the
insurance policies or as endorsements and shall specifically bind the insurance carrier.
a. Minimum Scope of Insurance. Coverage shall be at least as broad as:
(i) Insurance Services Office form number GL 0002 (Ed. 1/13) covering
comprehensive General Liabilitv and Insurance Services Office form
number GL 0404 covering Broad Form Comprehensive General Liability;
or Insurance Services Office Commercial General Liability coverage
("occurrence" form CG 0001.)
(ii) Insurance Services Office form number CA 0001 (Ed. 1/78) covering
Automobile Liability, code 1 "any auto" and endorsement CA 0025.
(iii) Workers' Compensation insurance as required by the Labor Code of the
State of California and Employers Liability Insurance.
b. Minimum Limits ofInsurance. OWNER shall maintain limits no less than:
(i) General Liability: $1,000,000 combined single limit per occurrence for
bodily injury, personal injury and property damage. If commercial General
Liability Insurance or other form with a general aggregate limit is used,
either the general aggregate limit shall apply separately to this
project/location or the general aggregate limit shall be twice the required
occurrence limit.
(ii) Automobile Liability: $1,000,000 combined single limit per accident for
bodily injury and property damage.
(iii) Workers' Compensation and Emplovers Liability: Workers' compensation
limits as required by the Labor Code of the State of California and
Employers Liability limits of $1,000,000 per accident.
c. Deductibles and Self-Insurance Retentions. Any deductibles or self-insured
retentions must be declared to and approved by the CITY. At the option of the
CITY, either the insurer shall reduce or eliminate such deductibles or self-insured
retentions as respects the CITY, its officers, officials and employees; or the
OWNER shall procure a bond guaranteeing payment of losses and related
investigations, claim administration and defense expenses.
d. Other Insurance Provisions. The policies are to contain, or be endorsed to contain,
the following provisions:
(i) General Liability and Automobile Liability Coverages.
(a) The CITY, its officers, agents, officials, employees and volunteers
shall be named as additional insureds as respects: liability arising
IMPROVEMENT AGREEMENT
Sidewalks Gleason Drive and Grafton Street, Dublin Ranch Area F
Page 3 oflO
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out of activities performed by or on behalf of the OWNER; products
and completed operations of the OWNER; premises owned,
occupied or used by the OWNER; or automobiles owned, leased,
hired or borrowed by the OWNER. The coverage shall contain no
special limitations on the scope of the protection afforded to the
CITY, its officers, officials, employees or volunteers.
(b) The OWNER's insurance coverage shall be primary insurance as
respects the CITY, its officers, officials, employees and volunteers.
Any insurance or self-insurance maintained by the CITY, its
officers, officials, employees or volunteers shall be excess of the
OWNER's insurance and shall not contribute with it.
(c) Any failure to comply with reporting provisions of the policies shall
not affect coverage provided to the CITY, its officers, officials,
employees or volunteers.
(d) The OWNER's insurance shall apply separately to each insured
against whom claim is made or suit is brought, except with respect
to the limits of the insurer's liability.
(ii) Workers' Compensation and Employers Liability Coverage. The insurer
shall agree to waive all rights of subrogation against the CITY, its officers,
officials, employees and volunteers for losses arising from work performed
by the OWNER for the CITY.
(iii) AllCoVëtagës.
Each insurance policy required by this clause shall be endorsed to state that
coverage shall not be suspended, voided, cancelled by either party, reduced
in coverage or in limits except after thirty (30) days' prior written notice by
certified mail, return receipt requested, has been given to the CITY.
(a) Acceptability ofInsurers. Insurance is to be placed with insurers
with a Bests' rating of no less than A:VII.
(b) Verification of Coverage. OWNER shall furnish CITY with
certificates of insurance and with original endorsements effecting
coverage required by this clause. The certificates and endorsements
for each insurance policy are to be signed by a person authorized by
that insurer to bind coverage on its behalf. The certificates and
endorsements are to be received and approved by the CITY before
work commences. The CITY reserves the right to require complete,
certified copies of all required insurance policies, at any time.
(c) Subcontractors. OWNER and/or OWNER's general contractor shall
include all subcontractors as insureds under its policies or shall
obtain separate certificates and endorsements for each
subcontractor. All coverages for subcontractors shall be subject to
IMPROVEMENT AGREEMENT
Sidewalks Gleason Drive and Grafton Street, Dublin Ranch Area F
Page 4 oflO
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all of the requirements stated herein.
Section 5.
Work Performance and Guarantee.
Except as otherwise expressly provided in this Agreement, and excepting only items of routine
maintenance, ordinary wear and tear and unusual abuse or neglect, OWNER guarantees all work executed
by OWNER and/or OWNER's agents, and all supplies, materials and devices of whatsoever nature
incorporated in, or attached to the work, or otherwise delivered to CITY as a part of the work pursuant to
the Agreement, to be free of all defects of workmanship and materials for a period of one (1) year after
acceptance of the entire work by CITY. OWNER shall repair or replace any or all such work or material,
together with all or any other work or materials which may be displaced or damaged in so doing, that may
prove defective in workmanship or material within said one-year guarantee period without expense or
charge of any nature whatsoever to CITY. OWNER further covenants and agrees that when defects in
design, workmanship and materials actually appear during the one-year guarantee period, and have been
corrected, the guarantee period shall automatically be extended for the corrected items for an additional
year to insure that such defects have actually been corrected.
In the event the OWNER shall fail to comply with the conditions of the foregoing guarantee
within thirty (30) days time or such longer time period as agreed to in writing by the City Engineer, after
being notified of the defect in writing, CITY shall have the right, but shall not be obligated, to repair or
obtain the repair of the defect, and OWNER shall pay to CITY on demand all costs and expense of such
repair. Notwithstanding anything herein to the contrary, in the event that any defect in workmanship or
material covered by the foregoing guarantee results in a condition which constitutes an immediate hazard
to the public health, safety, or welfare, CITY shall have the right to immediately repair, or cause to be
repaired; such defect, and OWNER shall pay to CITY on demand all costs and expense of such repair.
The foregoing statement relating to hazards to health and safety shall be deemed to include either
temporary or permanent repairs which may be required as determined in the sole discretion and judgment
of CITY.
If CITY, at its sole option, makes or causes to be made the necessary repairs or replacements or
performs the necessary work, OWNER shall pay, in addition to actual costs and expenses of such repair
or work, twenty-five percent (25%) of such costs and expenses for overhead and interest at the maximum
rate of interest permitted by law accruing thirty (30) days from the date of billing for such work or
repaIrs.
Section 6.
Inspection of the Work.
OWNER shall guarantee free access to CITY through its City Engineer and his designated
representative for the safe and convenient inspection of the work throughout its construction. Said CITY
representative shall have the authority to reject all materials and workmanship which are not in
accordance with the plans and specifications, and all such materials and or work shall be removed
promptly by OWNER and replaced to the satisfaction of CITY without any expense to CITY in strict
accordance with the Improvements plans and specifications.
Section 7.
Agreement Assignment.
OWNER shall not assign this Agreement without the written consent of CITY, which consent
shall not be unreasonably withheld.
IMPROVEMENT AGREEMENT
Sidewalks Gleason Drive and Grafton Street, Dublin Ranch Area F
Page 5 ofl 0
I t..-;- / ',.' ," /)
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Section 8.
Abandonment of Work.
Neither OWNER nor any of OWNER's agents or contractors are or shall be considered to be
agents of CITY in connection with the performance of OWNER's obligations under this Agreement.
If OWNER refuses or fails to obtain prosecution of the work, or any severable part thereof, with
such diligence as will insure its completion within the time specified, or any extension thereof, or fails to
obtain completion of said work within such time, or if OWNER should be adjudged as bankrupt, or
should make a general assignment for the benefit of OWNER's creditors, or if a receiver should be
appointed, or if OWNER, or any of OWNER's contractors, subcontractors, agents or employees should
violate any of the provisions of this Agreement, the CITY through its City Engineer may serve written
notice on OWNER and OWNER's surety or holder of other security of breach of this Agreement, or of
any portion, thereof, and default of OWNER.
In the event of any such notice of breach of this Agreement, OWNER's surety shall have the duty
to take over and complete The Improvements herein specified; provided, however, that if the surety,
within thirty (30) days after the serving upon it of such notice of breach, does not give CITY written
notice of its intention to take over the performance of the contract, and does not commence performance
thereof within thirty (30) days after notice to CITY of such election, CITY may take over the work and
prosecute the same to completion, by contract or by any other method CITY may deem advisable, for the
account and at the expense of OWNER and OWNER's surety shall be liable to CITY for any damages
and/or reasonable and documented excess costs occasioned by CITY thereby; and, in such event, CITY,
without liability for so doing, may take possession of, and utilize in completing the work, such materials,
appliances, plant and other property belonging to OWNER as may be on the site of the work and
necessary therefor.
Section 9.
Notices
All notices herein required shall be in writing, and delivered in person or sent by registered mail,
postage prepaid.
Notices required to be given to CITY shall be addressed as follows:
Melissa Morton, Public Works Director
City of Dublin
100 Civic Plaza
Dublin, CA 94568
Notices required to be given to OWNER shall be addressed as follows:
Martin Inderbitzen, Attorney at Law
7077 Koll Center Plaza, #120
Pleasanton, California 94566
and
The Lin Family
c/o James Tong
4690 Chabot Drive, Suite 100
Pleasanton, CA 94588
Notices required to be given surety of OWNER shall be addressed as follows
The Insco Insurance Services, Inc.
IMPROVEMENT AGREEMENT
Sidewalks Gleason Drive and Grafton Street, Dublin Ranch Area F
Page 6 on 0
) I..J! 0,l¡ ;;0
'n/
17780 Fitch, Suite 200
Irvine, California 92614
Any party or the surety may change such address by notice in writing to the other party and
thereafter notices shall be addressed and transmitted to the new address.
Concurrently with the execution of this Agreement, OWNER has executed and has caused to be
acknowledged an abstract of this Agreement. OWNER agrees CITY may record said abstract in the
Official Records of Alameda County.
Section 10. Safety Devices.
OWNER shall provide and maintain such guards, watchmen, fences, barriers, regulatory signs,
warning lights, and other safety devices adjacent to and on the site of The Improvements as may be
necessary to prevent accidents to the public and damage to the property. OWNER shall furnish, place,
and maintain such lights as may be necessary for illuminating the said fences, barriers, signs, and other
safety devices. At the end of all work to be performed under this Agreement, all fences, barriers,
regulatory signs, warning lights, and other safety devices (except such safety items as may be shown on
the plans and included in the items of work) shall be removed from site of the work by the OWNER, and
the entire site left clean and orderly.
Section 11. Acceptance of Work and Right ofWav.
Upon notice of the completion of The Improvements and the delivery of a set of final as-built
mylar plans with electronic file to CITY by OWNER, CITY, through its City Engineer or his designated
representative, shall examine the work without delay, and, if found to be in accordance with said plans
and specifications and this Agreement, shall recommend acceptance of the work to the City Council and,
upon such acceptance, shall notify OWNER or his designated agents of such acceptance.
Concurrently with or prior to the notice of completion, OWNER shall dedicate to CITY any
right of way and maintenance easements deemed necessary by the City Engineer for the maintenance
of The Improvements, and, at acceptance of the Work, CITY shall also accept the right-of-way and
maintenance easement dedication.
Section 12. Patent and Copyright Costs.
In the event that said plans and specifications require the use of any material, process or
publication which is subject to a duly registered patent or copyright, OWNER shall be liable for, and shall
indemnify CITY from any fees, costs or litigation expenses, including attorneys' fees and court costs,
which may result from the use of said patented or copyrighted material, process or publication.
Section 13. Alterations in Plans and Specifications.
Any alteration or alterations made in the plans and specifications which are a part of this
Agreement or any provision of this Agreement shall not operate to release any surety or sureties from
liability on any bond or bonds attached hereto and made a part hereof, and consent to make such
alterations is hereby given, and the sureties to said bonds hereby waive the provisions of Section 2819 of
the Civil Code of the State of CalifornIa.
Section 14. Liabilitv.
IMPROVEMENT AGREEMENT
Sidewalks Gleason Drive and Grafton Street, Dublin Ranch Area F
Page 7 on 0
I Î 1Jh ;~·o
a. OWNER Primarily Liable. OWNER hereby warrants that the design and
construction of The Improvements will be performed in a proper manner. OWNER
agrees to indemnify, defend, release, and save harmless CITY, and each of its
elective and appointive boards, commissions, officers agents and employees, from
and against any and all loss, claims, suits, liabilities, actions, damages, or causes of
action of every kind, nature and description, directly or indirectly arising from an
act or omission of OWNER, its employees, agents, or independent contractors in
connection with OWNER'S actions and obligations hereunder; provided as follows:
(i) That CITY does not, and shall not, waive any rights against OWNER which
it may have by reason of the aforesaid hold harmless agreement, because of
the acceptance by CITY, or the deposit with CITY by OWNER, of any of
the insurance policies described in Paragraph 3 hereof.
(ii) That the aforesaid hold harmless agreement by OWNER shall apply to all
damages and claims for damages of every kind suffered, or alleged to have
been suffered, by reason of any of the aforesaid operations referred to in
this paragraph, regardless of whether or not CITY has prepared, supplied, or
approved of plans and/or specifications for the subdivision, or regardless of
whether or not such insurance policies shall have been determined to be
applicable to any of such damages or claims for damages.
b. Design Defect. If, in the opinion ofthe CITY, a design defect in the work of
Improvements becomes apparent during the course of construction, or within one
(1) year following acceptance by the CITY of the Improvements, and said design
defect, in the opinion of the CITY, may substantially impair the public health and
safety, OWNER shall, upon order by the CITY, correct said design defect at his
sole cost and expense, and the sureties under the Faithful Performance and Labor
and Materials Bonds shall be liable to the CITY for the corrective work required.
c. Litigation Expenses. In the event that legal action is instituted by either party to
this Agreement, and said action seeks damages for breach of this Agreement or
seeks to specifically enforce the terms of this Agreement, and, in the event
judgment is entered in said action, the prevailing party shall be entitled to recover
its attorneys' fees and court costs. If CITY is the prevailing party, CITY shall also
be entitled to recover its attorney's fees and costs in any action against OWNER's
surety on the bonds provided under Section 3.
Section 15. Right of Entry.
CITY grants to OWNER a right of entry to enter upon the right of way within Gleason Drive and
Grafton Street with such personnel, equipment, machinery, vehicles and materials as may be necessary
for the sole purpose of construction of The Improvements pursuant to this Agreement. This right of entry
shall be effective upon the· date of this agreement and shall terminate on upon acceptance of The
Improvements by the City. There shall be no payment for the right of entry. OWNER's obligation to
indemnify, defend and hold CITY harmless, as described in Section 15, shall be applicable to any acts or
omissions of OWNER, its contractors, subcontractors and agents, in connection with this right of entry.
IMPROVEMENT AGREEMENT
Sidewalks Gleason Drive and Grafton Street, Dublin Ranch Area F
Page 8 of! 0
'7
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Section 16. Indemnification and Waiver.
OWNER shall defend CITY, its officers, employees and officials, against any claims or actions
(including declaratory or injunctive relief) concerning OWNER's construction of The Improvements on
OWNER's property and shall indemnify and hold CITY harmless from any damages, charges, fees or
penalties that may be awarded or imposed against CITY and/or OWNER in connection with, or on
account of, OWNER's construction of The Improvements and/or CITY's failure to enforce or comply
with any applicable laws.
Section 18. Recitals.
The foregoing Recitals are true and correct and are made a part hereof.
Section 19. Joint Obligation of OWNER.
The obligations of OWNER in this agreement shall be joint and severable obligations of the Lins
and Sierra Land.
IMPROVEMENT AGREEMENT
Sidewalks Gleason Drive and Grafton Street, Dublin Ranch Area F
Page 9 ono
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement in duplicate at
Dublin, California, the day and year first above written.
CITY OF DUBLIN:
OWNER:
By:
Janet Lockhart, Mayor
~þ"¿' Á; Date:£?-/--,hoV
Ch ng Su:Q-Lm (also lmown as JennIfer Lm) _ :;¡--
~ ~~ ~ æ:. ~&-z-J-~( et.ya//
Date:
. ~ ate: ~ {oJ ,. ).-v-T~~
H ng Lien Lin (also known as Frederich or Frederic
,/~ill <U d ¿?___~µ -/ ¿;?,e---T
ATTEST:
By:
Kay Keck, City Clerk
Date:
../
Approved as to Form:
Elizabeth H. Silver, City Attorney
D DEVELOPMENT CO~RA.TIO..~
Date: C~ -;
Approved as to Form:
r 'tzen, Attorney for Lin Family
IMPROVEMENT AGREEMENT
Sidewalks Gleason Drive and Grafton Street, Dublin Ranch Area F
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